D.O.F:5/2/2018
D.o.O.30/7/2021
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KANNUR
CC.NO.42/2018
Dated this the 30th day of July 2021
PRESENT:
SMT. RAVI SUSHA : PRESIDENT
SMT.MOLYKUTTY MATHEW : MEMBER
SRI. SAJEESH.K.P : MEMBER
Haneez.P.V, S/o Ramla,
Ramlas House,Po.Attadappa,
Chovva,Kannur 670006. : Complainant
(Adv.A.K.Pradeepkumar)
Indus Motos Co.PrivateLtd,
Near A.K.G.Hospital,Talap,Kannur : Opposite party
(Adv.V.K.Rajeev)
ORDER
SMT. RAVI SUSHA : PRESIDENT
Complainant filed this complaint under Sec.12 of the Consumer Protection Act 1986 seeking to get an order directing the Op to pay compensation of Rs.25,000/- to him with12% interest from the date of complaint along with cost to the proceedings of this case.
The gist of complaint is that the complainant has approached the OP for renewing the insurance policy of his Swift Maruti car on 10/11/2017 and entrusted Rs.12,200/- to them. Complainant alleged that OP assured that policy would be taken on the date of payment itself. But the OP has taken the policy only on 28/11/2017. The averment of the complainant is that the insurance of the car was expired on 8/11/2017 and he has driven the car under the belief that the vehicle was insured on the day of receipt of premium itself by the OP. It is alleged that failing of which amounts to deficiency of service on the part of OP because if any accident was caused within that period, he would be liable as the owner of the vehicle. Hence this complaint.
After receiving the notice, OP entered appearance through counsel and filed version denying all the material allegations of the complainant. The contentions of the OP is that they have not collected any money from the complainant and retained the money for their use. The OP also contended that the delay caused for issuing the policy was due to the processing time taken by the insurance company and more over no claim is reported between the period from 10/11/2017 to 27/11/2018. Hence according to OP no damage or loss is caused to the complainant and prayed for the dismissal of the complaint.
At the evidence stage complainant has filed his chief affidavit and three documents. He was examined as PW1 and marked 3 documents as Exts.A1 to A3. Ext.A1 is the original cash receipt of OP dtd.10/11/2017, Ext.A2 is certificate cum policy schedule of United India Insurance company Ltd. for a period from 8/11/2016 to 7/11/2017 and Ext.A3 is the certificate cum policy schedule of SBI General Insurance co. Ltd for a period from 28/11/2017 to 27/11/2018.
Op neither adduced oral nor documentary evidence for proving their contentions in the version.
Learned counsels of both complainant and OP filed written argument notes and also made oral submissions . We have considered the evidence brought before us and submissions of both learned counsels.
Here the complainant’s main allegation is that the OP received the insurance premium of Rs.12,200/- from him after giving assurance that they would certainly be remitted the said amount before the insurance company on the date of receipt itself, but they failed to do so. The OP remitted the said amount only on 28/11/2017. It is also stated that the vehicle had no policy from 8/11/2017. Complainant claimed compensation from OP on the ground that if any accident was caused during the period when the insurance was not renewed, the complainant would be personally liable for the damages caused in the accident. Complainant alleged that the OP committed deficiency in service and also serious lapse on their part in remitting the premium amount on the receipt day itself.
On the other hand OP contended that the delay caused in issuing the insurance policy may be due to the processing time taken by the insurance company and this OP has got nothing to do with the delay. OP further pleaded that no claim is reported had been made for the period from 10/11/2017 to 27/11/2018. Hence no damage or loss is caused to the complainant for the delay in issuing the policy.
The point to be decided in this case is whether there is any deficiency in service or latches happened on the side of OP?
The OP pleaded that they are not running insurance business and has not having authority to issue an insurance policy and also stated that they have not collected any money from the complainant and retained for their use. But here we can see that Ext.A1 cash receipt clearly reveals that the OP ie, “Indus Motor Co.Pvt.Ltd” received Rs.12200/- from the complainant on 10/11/2017 towards insurance amount to KL13AH7522. Hence through Ext.A1 complainant proved undisputedly that the complainant had entrusted Rs.12200/- to OP on 10/11/2017 for remitting towards insurance of his car. Further Ext.A3 proves that the period of insurance was from 28/11/2017 to 27/11/2018 which shows that insurance started only from 28/11/2017 ie 18 days after the payment of premium. OP pleaded that if delay happened, they are not responsible , and may be due to the processing time taken by the insurance company. But the OP did not try to prove their said pleading. So mere put forward pleadings is not sufficient. Ext.A2 shows that the vehicle had no insurance from 8/11/2017. Hence through Ext.A1 to A3 complainant proved his case.
OP raised another contention that the complaint is bad for non joinder of necessary party as the insurance company has collected the money. According to OP insurance company is also to be impleaded as additional OP. But we cannot agree with the said contention of OP. Here complainant entrusted money to the OP on the assurance of OP, that they will take the policy on that day itself. Here the complainant has no direct nexus with the insurance company in this transaction. So insurance company need not be impleaded as a party in the party array.
In this case there is no evidence that any physical damage or monetary loss caused to the complainant. But there is some fault happened in the manner of performance in relation to the service from the side of OP, which amounts to deficiency of service. Hence complainant is entitled to get relief.
From the aforesaid reasons, we are inclined to allow this complaint.
In the result, complaint is allowed in part. Opposite party is directed to pay Rs.10,000/- as compensation and cost to the complainant for the mental agony happened to him from the deficiency in service on the part of opposite party. The said amount has to be paid within one month from the date of receipt of this order. Failing which award amount carries interest @12% per annum till realization. The complainant is at liberty to file execution petition as per the provisions envisaged in Consumer Protection Act 2019.
Exts.
A1-Original car receipt dt.10/11/2017
A2-Certificate cum policy schedule of United India Insurance Co.Ltd
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew. Sajeesh K.P
eva
/Forwarded by Order/
SENIOR SUPERINTENENT
